ISLAND COUNTY
COMMISSIONERS - MINUTES OF MEETING
REGULAR SESSION -
SEPTEMBER 10, 2001
The
Board of Island County Commissioners (including Diking Improvement District #4)
met in Regular Session on September 10, 2001 beginning at 9:30 a.m. in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa.,
with William F. Thorn, Chairman; Mike Shelton, Member; and Wm. L. McDowell,
Member, present. By unanimous motion, the Board approved and signed the
following minutes: August
21, 2001 Special Session; August 27, 2001 Regular Session; and August 30, 2001 Special Session.
VOUCHERS AND PAYMENT OF BILLS
The
following vouchers/warrants were approved for payment by unanimous motion of
the Board, as well as the August Payroll:
Voucher (War.) #106357–106682……….. $1,560,675.10.
Veterans
Assistance Fund: [emergency financial
assistance to certain eligible
veterans; the names and specific circumstances are maintained
confidential]. The Board, by unanimous motion, approved
the recommendation of the Veterans Assistance Review Committee to approve in
part, Veterans Claim V1-18, in the amount of $1,281.54, the remainder of the
claim denied. The Chairman requested
that staff refer claimant to The
Opportunity Council for assistance related to phone service needed for work.
Employee Awards
Employee Service Awards
Department Employee #
Yrs.
Central Services Chris Nelson 5
Plann/Comm.
Dev. Kelly Whitney 15
District Court Bobbie Rodgers 5
Extension/WSU Janet Hall 5
Sheriff Larry Marley 20
Sheriff Kaye Ryder 20
Special Recognition
Kathy Carpenter, Island County
Health Department, recognizing her
receipt of the State of Washington “Professional Finance Officer Award”.
Randy Diefert, Donna Keeler, Jill Wood
and Jack Taylor, Public Works
Department, as well as Nancy Theune, Central Services Department, who
contributed their time, talent and skill to assist in making the 4th
of July Fun Run/Walk a true success.
Employee of the Month – August, 2001
Markell Egelston, General Services
Administration, handles a wide variety
of tasks dealing with claims for damages against the County, and helping
employees who may have been injured on
the job. She is also very involved with
teenagers in the community and volunteers her personal time with Central
Whidbey Youth organization events.
Hiring Requests & Personnel Actions
After a
summary review by Dick Toft, Human Resources Director, the Board by unanimous
motion approved the following
personnel action authorizations:
Department PAA # Description/Position No. Action Eff. Date
Health 093/01 Pub. Health Nurse .5fte 2406.18 New Position
9/10/01
Health 099/01 Env.
Health Spec. 2407.04 Replacement 11/6/01
Juvenile 101/01 Prob. Off/Wk Crew Sup. 1402.08
Extension/grant 9/10/01
Pub. Works 098/01 Truck Driver II, O.H. 2249.09 Personnel Act. 10/1/00 *
*to reflect
a step increase to be approved as of 10/1/00
Pub. Works 100/01 Mech. I 6 wk Temp 2236.05 New Position 9/10/01
Appointments/
Re-appointments to Boards and Committees
The
Board, by unanimous motion, named the following individuals to serve on
Committees and Boards:
Kathy
Harada Coupeville 2-year term expiring April 1, 2003
Eileen
Rosman Camano Island 3-year term expiring April 1, 2004
Patricia
Whitcomb Coupeville 3-year term expiring April 1, 2004
2% Lodging Tax Advisory
Committee
Ron Boyer, Island County Historical Society,
replacing Molly McPherson
Chuck King,
Coupeville Replacing Tony Turpin,
for an existing term to May 17, 2003
HEALTH CONTRACTS APPROVED
As
submitted by Tim McDonald, Health Services Director, under memorandums dated September 5, 2001, the Board by
unanimous motion, approved two health contracts as follows:
Contract #HS-09-01 [RM-HLTH-98-0004] Center for Community Support, Developmental
Disabilities services $15,385 [prior contract amount $46,156.00] for the period July 1, 2001 – October 28,
2001, a bridge contract for the first 4 months of the new biennium.
Contract #HS-12-01 [RM-HLTH-99-0072] Chemical Dependency Crisis Services – Community Mental Health Services, $165,780.00 [prior amount $82,890.00] for the period July 1, 2001 – June 30, 2003, related to chemical dependency crisis calls, training, liaison with hospital, law enforcement, involuntary commitment.
PUBLIC HEARING
SCHEDULED: ORDINANCE #C-117-01 –
OUTDOOR BURNING PERMIT AND
ENFORCEMENT
As
prepared and presented by Betty Kemp, Director, GSA, the Board by unanimous
motion, scheduled a public hearing for the purpose of considering Ordinance
#C-117-01 Island County Outdoor Burning and Permit Enforcement in accordance
with Washington Clean Air Act regulations, on
October 1, 2001 at 11:00 a.m.
INTERAGENCY AGREEMENT
#C0200048-
COMMUNITY LITTER CLEAN-UP
Presented
and recommended for approval by Don
Meehan, Extension Agent, WSU, the Board by unanimous motion approved Interagency Agreement #C0200048 between Island
County Public Works Department and the Washington State Department of Ecology, for a Community
Litter Clean Up Program in the amount of $62,225 for a two year period. The Funding source is through the Waste
Reduction, Recycling and Model Litter Control Fund, State of Washington
Department of Ecology for the period July 1, 2001 - June 30, 2003, coordinated through the Lighthouse
Environmental Program.
Contract/Contract
Bond – Trenchless Construction;
Maple
Grove Stormwater Outfall Project
Bill
Oakes, Public Works Director, and Phil Cohen, Surface Water Manager, presented
for approval a Contract and Contract Bond from Trenchless Construction
Services, for the Maple Grove Stormwater Outfall Project awarded on August 27,
2001, under Work Order #135, in the amount of $64,034.00. Inasmuch as the Original signed contract had
not yet been received back from the firm, the Board was requested to authorize
the Chairman’s signature.
By
unanimous motion, the Board approved the Contract and Contract Bond from
Trenchless Construction Services, for the Maple Grove Stormwater Outfall
Project, Work Order #135, in the amount
of $64,034.00, and authorized the Chairman’s signature once the Original signed
contract is received back from Trenchless Construction Services.
Supplemental
Agreement #1–PW-002021-Seaward Way Road Repairs
As
recommended by the Public Works Director, and Randy Brackett, Construction
Engineer, the Board approved, by unanimous motion, Supplemental Agreement #1 to
Contract #PW-002021 with Golder Associates, Inc., for the Seaward Way Road Repairs under CRP 00-06, Work Order #129, adding to scope
of services by the amount of $10,726 and extending time of performance to
August 15, 2002.
Release of Bond –
Terry Swanson, PRD 140/99; Water System Plan
The
Board, by unanimous motion, approved the release of lease of bond for water
system plan under PRD 140/99, in the
amount of $23,000, Parcels 400-4860 and 504-4440, Sec 14, Twp 28N., R 3E. by
Terry Swanson. based on the County Engineer’s Memorandum of September 5, 2001,
confirming that the water system was completed and approved by the Washington State Department of Health
and included the engineer’s certificate of construction.
HEARING
HELD: Franchise #47R, Briarwood
Community Water Association; renewal of existing water distribution
system;
Plat of Briarwood, Division No. 1
At
10:20 a.m. as advertised, the Chairman opened a Public Hearing on Franchise #47R, renewal existing water
distribution system; Plat of Briarwood, Division No. 1, Sec. 18, Twp 32N., Rge
1E. Briarwood Community Water Association.
Mr.
Oakes provided a copy of a memorandum dated August 10, 2001 from the County
Engineer who reported that the franchise renewal requested covers the existing
water distribution system in County right of way in the Plat of Briarwood,
Division #1, Whidbey Island, and there
are no plans for expansion of current
system. All departments requested to
comment responded with no objection to the proposal.
At
the time of hearing, no one from the public indicated a desire to speak for or
against the franchise renewal.
By
unanimous motion, the Board approved
Franchise #47R, renewal of existing water distribution system for
Briarwood Community Water System in the
Plat of Briarwood, Division No. 1, located in Sec. 18, Twp 32N., Rge 1E.
HEARING
HELD: Franchise #21, Brentwood PRD,
Division No. 1 & 2 - sewer
collection system by Sea-Air Land
Development
At
10:25 a.m. as advertised, the Chairman opened a Public Hearing on Franchise #21, Franchise, Brentwood PRD,
Division No. 1 & 2, for sewer
collection system, submitted by Sea-Air
Land Development, located in Sec. 23,
Twp. 32N., R 2E, Camano Island.
In
this case, Mr. Oakes submitted a copy
Memo dated August 9, 2001 from the County Engineer reporting the franchise covers the construction, operation
and maintenance of a sewer collection system in County right-of-way, North
Camano Drive, Camano Island. All
departments requested to comment responded with no objection to the
proposal.
At
the time of hearing, no one from the public indicated a desire to speak for or
against the franchise renewal.
By
unanimous motion, the Board approved
Franchise #21, Franchise,
Brentwood PRD, Division No. 1 & 2,
for sewer collection system,
submitted by Sea-Air Land Development; Sec. 23, Twp. 32N., R 2E, Camano
Island.
Waiver of
Competitive Solicitation – Education Services K-12
Dave
Bonvouloir, Solid Waste Manager, requested that the Board waive competitive
solicitation requirements per Island
County Code 2.29.030.B(12) and extend
for one year the contract with Maribeth Crandell Crowe for Education Services - Waste Reduction, Recycling and Household Hazardous Waste, Grades K-12. Only one proposal was received for the
initial 3-year contract, out of 31
request for proposals sent. This was a
topic discussed with the Board at a recent staff session. The proposal received was from a highly qualified Freeland resident, who is
only willing to sign a one year contract.
From a Memo dated August 24, 2001 from Jerry Mingo, Recycle & Hazardous Waste
Coordinator, Mr. Bonvouloir confirmed his recommendation of the options presented, was to award a re-drafted one year contract via a waiver of competitive solicitation per
ICC 2.29.030.B(12) for the reasons presented in the memorandum.
By
unanimous motion, the Board approved
waiver of competitive solicitation per ICC 2.29.030.B(12) for the reasons
presented in the memorandum from the Solid Waste Department.
GRANT APPLICATION: WASHINGTON DEPARTMENT OF ECOLOGY FOR
2002-2003 COORDINATED PREVENTION GRANT
By
unanimous motion, the Board approved and signed a grant application to the
Washington State Department of Ecology for years 2002-2003 Coordinated
Prevention Grant, which was described fully in a memorandum dated August 13,
2001 by Jerry Mingo, for a total project cost of $288,404.00.
Interlocal
Agreement #WSDOT GCA 3011 BETWEEN
Island County AND Washington
State Department of Transportation/Quit Claim Deed EXCHANGING PROPERTIES
The
Board, by unanimous motion, approved Interlocal Agreement WSDOT GCA 3011,
between Island County and the Washington State Department of Transportation and
Quit Claim Deed, conveying to Island County a parcel of land in exchange for a parcel the County owns. On the part of the County this relates to needed improvement of safety and
to minimize public risk by upgrading access/circulation to the Coupeville Solid
Waste Facility.
RESOLUTION
#C-118-01/R-51-01 CLOSING OUT THE
COMMUNITY DEVELOPMENT PLANNING ONLY
GRANT FOR THE SOUTH WHIDBEY INTERGENERATIONAL; FACILITY – HEARING SCHEDULED
Resolution
#C-118-01/R-51-01 in the matter of
closing out the Community Develop Planning Only Grant for the South
Whidbey Intergenerational Facility, was by unanimous motion of the Board,
scheduling for public hearing on September 24, 2001 at 2:15 p.m.
HEARING HELD:
Ordinance #C-112-01 (PLG-015-01) Renewal of C-38-01 - Amending
ICC 17.02.107 to comply with the Order of the Western Washington Growth
Management Hearings Board relating
to
the Critical Areas Exemption for Existing and On-Going Agriculture
A Public Hearing was held at 10:45 a.m. as scheduled
August 20, 2001, and advertised , on Ordinance #C-112-01 (PLG-015-01), renewal of Ordinance #C-38-01,
Amending ICC
17.02.107 to comply with the Order of the WWGMHB [Western Washington Growth
Management Hearings Board] relating to the Critical Areas Exemption for
Existing and On-Going Agriculture [as introduced and set
for hearing entered as GMA record #7002].
Jeff Tate, Comprehensive Plan Manager, Island County
Planning and Community Development Department, presented for the Board’s
consideration and approval, an interim ordinance extending the Ag
[Agricultural] BMPs [Best Management Practices] to Rural Ag and
Commercial AG only. A
previously-adopted ordinance that extended the Ag exemption to lands designated
rural was ruled by the WWGMHB to be out
of compliance with the Growth Management Act and directed the County adopt
interim regulations limiting the
existing and on-going Ag exemption to Rural Ag and Commercial Ag only.
Island County does not concur with the WWGMHB decision and the matter is
a pending issue that will be reviewed by the Court. In the meantime, to ensure compliance with
the June 2, 1999 and November 17, 2000 orders of the WWGMHB, the interim regulation needs to be extended
in the Rural Ag and Commercial Ag zones until the issue is resolved.
At the time of public hearing when the Chair asked for comments from audience members, no one
came forward to speak either for or against the proposed ordinance.
By unanimous motion, the Board adopted Ordinance #C-112-01 (PLG-015-01), renewal of Ordinance #C-38-01,
Amending ICC
17.02.107 to comply with the Order of the Western Washington Growth Management
Hearings Board relating to the Critical Areas Exemption for Existing and
On-Going Agriculture [Ordinance as adopted 9/10/01 entered as GMA Record #
_______].
BEFORE
THE BOARD OF COUNTY COMMISIONERS
OF ISLAND COUNTY, WASHINGTON
|
IN THE MATTER OF
AMENDING ICC 17.02.107 TO COMPLY WITH THE ORDER OF THE WESTERN WASHINGTON
GROWTH MANAGEMENT HEARINGS BOARD RELATING TO THE CRITICAL AREAS EXEMPTION FOR
EXISTING AND ON-GOING AGRICULTURE |
))))))) |
ORDINANCE C-112-01 PLG-015-01 |
WHEREAS,
various parties filed petitions with the Western Washington Growth Management
Hearings Board (“Western Board”) to review Island County’s adopted GMA
Comprehensive Plan (“Comp Plan”) and Development Regulations; and
WHEREAS,
the Western Board entered its Final Decision and Order on June 2, 1999; and
WHEREAS,
the Western Board found prospectively the Critical Areas Exemption for Existing
and Ongoing Agriculture invalid if interim regulations were not adopted by
August 10, 1999, and therefore replacement regulations are needed to govern
land use in the County; and
WHEREAS,
in 1998, the County completed environmental review under Chapter 43.21C RCW
(SEPA) on its Comp Plan and Development Regulations including Critical Area
Exemptions; and
WHEREAS,
pursuant to WAC 197-11-600, the County SEPA official has determined that the
proposed changes to Chapter 17.02 ICC relating to the exemption for existing
and on-going agriculture, needed on an interim basis to comply with the Order
of the Western Growth Board are not likely to have significant adverse
environmental impacts that were not considered in the environmental documents
prepared for the Comp Plan and Development Regulations; and
WHEREAS,
RCW 36.70A.390 authorizes the County to renew interim regulations for one or
more six-month periods so long as a public hearing is held and findings of fact
are made prior to each renewal; and
WHEREAS,
through Ordinance C-77-99, Island County adopted interim regulations limiting
the exemption for existing and on-going agricultural activities to lands that
are zoned CA; and
WHEREAS,
by the terms of C-77-99, these regulations remained in effect for six (6)
months; and
WHEREAS,
through Ordinance C-152-99, Island County adopted a four (4) month extension to
C-77-99 expiring on May 10, 2000; and
WHEREAS,
through Ordinance C-28-00, Island County adopted an additional six (6) month
extension to C-77-99 expiring on October 5, 2000; and
WHEREAS,
through Ordinance C-90-00, Island County adopted an additional six (6) month
extension to C-77-99 expiring on April 4, 2001; and
WHEREAS,
through Ordinance C-38-01 adopted on April 2, 2001, Island County adopted an
additional six (6) month extension to C-77-99 expiring on October 2, 2001; and
WHEREAS,
on November 17, 2000, the Growth Board determined that the application of the
agricultural exemption to existing and ongoing activities within the Rural
Agriculture Zone as well as the Commercial Agriculture Zone is compliant with
the GMA and that application of the exemption to the same activities within the
Rural Zone is not GMA compliant; and
WHEREAS,
Island County filed a court appeal of the Board’s decision disapproving the
agricultural exemption as it relates to lands designated Rural in Island
County v. Western Washington Growth Management Hearings Board, Island
County Superior Court No. 00-2-00757-9, but it is necessary that an interim
ordinance be reenacted to avoid a determination of invalidity during the
pendency of the lawsuit; NOW, THEREFORE,
BE
IT HEREBY ORDAINED in order to comply with the June 2, 1999 Final Decision and
Order of the Western Washington Growth Management Hearings Board and the
subsequent November 17, 2000 Compliance Hearing Order, the Board of Island
County Commissioners hereby adopts the amendment to ICC 17.02.107.E. attached
hereto as Exhibit A establishing interim regulations relating to the exemption
of existing and ongoing agricultural activities from critical area regulations
and the Findings and Legislative Intent attached hereto as Exhibit B. Material underlined is added.
BE
IT FURTHER ORDAINED that this amendment to the existing and ongoing agriculture
exemption shall go into effect on October 2, 2001 and shall remain in effect
until Court approval of the existing and ongoing agriculture exemption as it
was adopted in Ordinance C-151-99 or six (6) months, whichever is earlier. Should the Court not issue a decision
approving the existing and ongoing agriculture exemption as contained in Ordinance
C-151-99 within six (6) months from the date of enactment of this interim
amendment, then the Board hereby declares its intent to reenact this interim
amendment so that it remains in full force during the pendency of the lawsuit
or until a determination is made whether any other permanent regulations are
necessary.
Reviewed
this 20 day of August, 2001 and set for
public hearing at 10:45 a.m. on the 10
day of September, 2001.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
William F. Thorn, Chairman
Mike Shelton, Member
Wm. L. McDowell, Member
ATTEST:
Elaine Marlow
Clerk of the Board BICC
01-576
APPROVED
AND ADOPTED this 10 day of September,
2001 following public hearing.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
William F. Thorn, Chairman
Mike Shelton, Member
Wm. L. McDowell, Member
ATTEST:
Elaine Marlow
Clerk of the Board
APPROVED
AS TO FORM:
DAVID L. JAMIESON, JR.
Deputy Prosecuting Attorney
&
Island County Code Reviser
[exhibits
noted are on file with the Clerk of the Board]
HEARING HELD: OPS 268/01 Sharon
Emerson & Charles Snelling
Requesting that 25.67 acres of 26.67 acres be changed
from Designated Forest to Timber Land current use classification
A Public Hearing was held following completion of the
prior hearing, to consider Open Space
Application #268/01 by Sharon Emerson & Charles Snelling, requesting 25.67 acres of parcels that total 26.67 acres be changed from Designated
Forest to Timber Land current use classification. The property is located on South Whidbey, in the SW ¼ of Sec. 29,
Twp. 30N, Rge. 3E, W.M., Parcels #R33029-099-0860 and #R33029-032-0870.
Jeff Tate summarized from the Island County Planning
Department Proposal, Findings, Analysis, Conclusions and Recommendation dated
August 20, 2001. Based on findings and
conclusions, approval of the application is recommendation with the following
conditions:
1. All future forest
practices activity on the subject property shall be consistent
with the submitted Forest Land
Management Plan and all Resource Management
recommendations contained in
the report shall be followed as a condition of
this approval.
2. One acre of the
26.67 acre site shall be excluded from the Open Timber current use
classification.
3. All future forest
practices activity on the subject property shall [be] consistent with Washington Forest Practices Regulations, RCW
76.09 and WAC 222, and all other applicable County, State and Federal
regulations.
By unanimous
motion, the Board approved Open
Space Application #268/01 by Sharon Emerson & Charles Snelling,
requesting 25.67 acres of parcels that
total 26.67 acres be changed from
Designated Forest to Timber Land current use classification on property located on South Whidbey, in the SW ¼ of
Sec. 29, Twp. 30N, Rge. 3E, W.M., Parcels #R33029-099-0860 and
#R33029-032-0870, as recommended by the Island County Planning and Community
Development Department.
There
being no further business to come before the Board at this time, the meeting adjourned at 10:50 a.m.,
with the Board meeting this afternoon beginning at 1:30 p.m. in Budget
Workshop. The Board will meet in special session on September 12, 2001,
beginning at 1:00 p.m., also to conduct a
Budget Workshop. Notes taken
during Budget Workshop will be placed on file in the Office of the Board of
County Commissioners and the Budget Director.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
______________________________
William F. Thorn, Chairman
_____________________________
Mike Shelton, Member
_____________________________
Wm. L. McDowell, Member
ATTEST:
_____________________________
Elaine
Marlow, Clerk of the Board